APPEALS FROM APPELLATE DECREESCentral

Section 102 of The Code of Civil Procedure, 1908

No second appeal in certain cases.

1[102. No second appeal in certain cases.--No second appeal shall lie from any decree, when the subject matter of the original suit is for recovery of money not exceeding twenty-five thousand rupees.]

Summary

This section sets a money limit for filing a "second appeal" to a High Court.
It ensures that the High Court's time is not taken up by a third round of litigation for smaller financial claims.
The restriction is based on the amount involved in the "original suit" (the very first case filed).

Practical examples

1Ramesh sues his neighbor to recover a loan of 15,000 rupees. He loses in the trial court and the first appeal court. Because the amount is under the 25,000 rupee limit set by Section 102, Ramesh cannot file a second appeal in the High Court.

2A shopkeeper sues a supplier for 30,000 rupees for damaged goods. Since this amount exceeds the 25,000 limit, the shopkeeper might be allowed to file a second appeal under the Code if other legal requirements are met.

FAQ

1. Does Section 102 of the 1908 Act apply to cases about property titles?

The text specifically mentions suits "for recovery of money," so it generally targets financial claims rather than other types of disputes.

Test yourself

1.According to Section 102 of The Code of Civil Procedure, 1908, a second appeal is barred if the suit is for money recovery not exceeding:

2.Under Section 102 of the 1908 Code, the money limit is determined by the amount in:

3.If a plaintiff sues for 20,000 rupees and loses both the trial and the first appeal, what does Section 102 of the 1908 Act say about their next step?

4.Does Section 102 of The Code of Civil Procedure, 1908, restrict appeals from original decrees?

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